The main thrust of the statute is suspension of prosecution. Motions to stay proceedings are interlocutory. Action on such motions is not appealable whether the motion is granted; Prevedini v. Mobil Oil Corporation, 164 Conn. 287, 293-94, 320 A.2d 797 (1973); Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639 (1961); or denied. Russell Lumber Co. v. Smith Co., 82 Conn. 517, 74 A. 949 (1909).

In that case, one of the parties may apply to the trial court, in accordance with the distinct statutory procedure provided by 52-410, for an order directing the parties to proceed with arbitration. In either case, in granting or denying a stay under 52-409, or in granting or denying an order directing the parties to proceed with arbitration under 52-410, the trial court must determine whether the contract between the parties provides for arbitration. Because, however, a civil action must be pending for a 52-409 order to be issued, we have held that such an order is interlocutory and, therefore, not appealable. Schwarzschild v. Martin, 191 Conn. 316, 323-24, 464 A.2d 774 (1983); Gores v. Rosenthal, 148 Conn. 218, 169 A.2d 639 (1961); see also KND Corporation v. Hartcom, Inc., supra, 337. Section 52-410, on the other hand, allows a party to an arbitration agreement to commence an independent action in the Superior Court to compel arbitration when no civil action is pending between the parties.

At oral argument, both parties expressed a desire to have the summary judgment order regarded as appealable. Agreement by the parties, however, cannot confer appellate jurisdiction on this court. State v. Curcio, 191 Conn. 27, 30, 463 A.2d 566 (1983); Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639 (1961). The right of appeal is ordinarily limited to parties aggrieved by final judgments.

In its effect on the main action, accelerated rehabilitation operates to postpone criminal prosecution in much the same way that a motion to stay impacts on a civil case. In Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639 (1961), we held that "[a]n order staying proceedings does not terminate the action but merely postpones its disposition. It may be modified or vacated by the court whenever, in the exercise of a sound discretion, it is considered necessary or proper to do so. . . . It is an interlocutory order.

Is the order of March 16, 1979, which imposes sanctions for noncompliance with the notice of deposition for discovery a final judgment which is presently appealable, or must appeal await disposition of the case as a whole? Although the plaintiff in its brief does not contest our jurisdiction, and the defendants urge it, jurisdiction cannot be conferred upon this court by the consent of the parties, or by waiver. Guerin v. Norton, 167 Conn. 282, 283, 355 A.2d 255 (1974); Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639 (1961); Cone v. Darrow, 148 Conn. 109, 112, 167 A.2d 852 (1961). We must therefore determine the finality of the order of March 16, 1979, for the purposes of an immediate appeal. See General Statutes 52-263.

Dewart v. Northeastern Gas Transmission Co., 139 Conn. 512, 514, 95 A.2d 381. Another test lies in the effect of an order `as concluding the rights of some or all of the parties'; Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc., 108 Conn. 304, 307, 142 A. 838; Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639; and finally, if the rights of the parties are concluded So that further proceedings cannot affect them, then the judgment is final. State v. Fahey, 146 Conn. 55, 57, 147 A.2d 476; Watson v. Howard, 138 Conn. 464, 467, 86 A.2d 67; Northeastern Gas Transmission Co. v. Brush, 138 Conn. 370, 373, 84 A.2d 681.

At the outset, we note that where a cross claim is expunged, and the cross claimant is effectively dismissed from the proceeding so far as the cross claim is concerned, the expungement may be treated as a final judgment for the purposes of an appeal to this court. Practice Book 604; Springfield-Dewitt Gardens, Inc. v. Wood, 143 Conn. 708, 709-10 n. 1, 125 A.2d 488; see Gores v. Rosenthal, 148 Conn. 218, 222, 169 A.2d 639. Not every expungement of a cross claim, however, is immediately appealable.

One test is whether the order or action terminates a separate and distinct proceeding. Dewart v. Northeastern Gas Transmission Co., 139 Conn. 512, 514, 95 A.2d 381. Another test lies in the effect of an order `as concluding the rights of some or all of the parties'; Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc., 108 Conn. 304, 307, 142 A. 838; Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639; and, finally, if the rights of the parties are concluded so that further proceedings cannot affect them, then the judgment is final. State v. Fahey, 146 Conn. 55, 57, 147 A.2d 476; Watson v. Howard, 138 Conn. 464, 467, 86 A.2d 67; Northeastern Gas Transmission Co. v. Brush, 138 Conn. 370, 373, 84 A.2d 681.

As between the plaintiff and the defendants it finally and irrevocably fixes the status and determines certain rights of each with respect to the main suit. See Prevedini v. Mobil Oil Corporation, supra; Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639; Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc., 108 Conn. 304, 307, 142 A. 838.

One test is whether the order or action terminates a separate and distinct proceeding. Dewart v. Northeastern Gas Transmission Co., 139 Conn. 512, 514, 95 A.2d 381. Another test lies in the effect of an order "as concluding the rights of some or all of the parties"; Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc., 108 Conn. 304, 307, 142 A. 838, Gores v. Rosenthal, 148 Conn. 218, 221, 169 A.2d 639; and finally, if the rights of the parties are concluded so that further proceedings cannot affect them, then the judgment is final. State v. Fahey, 146 Conn. 55, 57, 147 A.2d 476; Watson v. Howard, 138 Conn. 464, 467, 86 A.2d 67; Northeastern Gas Transmission Co. v. Brush, 138 Conn. 370, 373, 84 A.2d 681. Furthermore, an order staying proceedings does not ordinarily terminate an action but merely postpones it and is normally considered interlocutory.